PROPERTY PROTECTION The
project of recovering the Hooghly Imambara’s properties from the
outsiders in all respect very urgent, very important and has been left
languishing for a long time.

The
Hooghly Imambara’s properties can serve to be a launching pad for the
upliftment of the Shia community in Bengal and other regions of India by
opening economic, religious and skill centers.

1. It
is a tedious and a lengthy process & Fighting a state govt. is not
easy & Might take years to get justice .BUT
it is possible to get back vast properties of the Hooghly Imambara to
return to its name and fold. This requires the
following : Dedication.
Determination. Legal team. & Funds.

2. The community has to build up a team of about 20 persons worldwide who
will monitor the progress and work of legal teams which will be
dedicated and paid to work for the Hooghly Imambara properties.

3. The
legal team will consist of a Solicitor who will employ a team of six
advocates and twelve staffs who will all be paid a monthly salary and
shall work round the clock only for the Hooghly Imambara. The
legal team of six advocates and 12 staffs will require an office with
all modern facilities and gadgets and will be in constant communication. That
a conservative estimate fund required will be about Rs. 15 lacs per
month.

L Law Firm has to be appointed Due to they being known
to Mr Rauf they will work at 25% of normal cost

Money can be remitted directly to law
firm or Shia Auqaf Bachao committee registered having a bank a/c & deed

3.
That the said Haji Md. Mohsinbefore his death had executed a
will dated---------. A Xerox copy of the said will is annexed marked “A”

4.
That the British Government passed an Endowment Act into safeguard the
abovesaid assets In 1863 a Committee of Management was formed under the
president ship of Syed Ammer Ali (since deceased) who prepared a scheme
for the running of the Hooghly Imambara Endowment, as it came to be know
after the passing of the Endowment Act.

5.
That the Hooghly Imambara Endowment also had a cash fund of Rs. 10 Lakhs
in the Year-------- which has now swelled to a huge unknown amount.

6.
That even after owing such enormous Land properties in Kolkata and West
Bengal, Gold, Silver, religious ornaments, antiques, funds, etc, the
Hooghly Imambara Endowment now known as Hooghly Imambara Wakf Estate
today ought to have been a Multimillion Estate. Unfortunately it is
today a destitute, a victim of greed, compelled to live on charity
whereas even its own Imambara building at Hooghly is collapsing.

7.
That from 1970 to 2002, the Hooghly Imambara was under Court Receivers
appointed by the Ld. Courts as follows:-

1970 to
under

1985 to 1986 under

1986 to 1988 under

1988 to 2002 under

8.
That a conscientious effort was required to run the huge Hooghly
Imambara Endowment which effort was seen lacking throughout this period.

9.
That in the midst of all the legal changes during the abovesaid period
the assets of the Hooghly Imambara Endowment kept on regularly slipping,
dwindling away being systematically looted and siphoned away since
these Court officers Receivers were always keeping hidden from the
beneficiaries the Shia public the affairs and staffs of the Hooghly
Imambara Endowment.

10.That In 2002, the Board of Wakf,
West Bengal appointed a 5 members Committee of Management and instructed
them to take charge from the them Court Administrator namely Sardar
Amjed Ali, Advocate.

11.That the said Committee of
Management and Sarder Amjed Ali, Advocate Administrator of the Hooghly
Imambara Endowment, also kept the Endowment concealed from the Shia
Public and were helped in such concealment by the Board of Wakf, West
Bengal, the state Government, Reserve Bank of India and other state and
central authorities and the Hooghly Imambara Endowment toes renamed
Hooghly Imambara WAkf Estate.

12.That some Shias, as
beneficiaries had filed application in the matter of the Hooghly
Imambara Endowment as below.

a.
Mohammed Abbas Rahim, a Shia and beneficiary of the Hooghly Imambara
filed an application, being G.A. No. 2403/2001 in Apple No.
against Sardar Amjed Ali,------------------------------------ all
Advocates of Hon’ble High Court at Calcutta for causing loss to the
Hooghly Imambara Endowment A copy of the above said application is
annexed marked “A”

Sardar Amjed Ali, Advocate, Administrator gave an unsatisfactory reply
and submitted a partial account of the Hooghly Imambara,
Xerox copy of which account shows a credit balance amount of Rs--------
in the name of the Hooghly Imambara Endowment in the year--------- the
present amount is known to Sardar Amjed Ali, Advocate. A Xerox copy of
the said account is annexed marked “B” .

13.That Ekramul Bari, also
Advocate Administrator of the Hooghly Imambara Endowment had filed a
Public Interest Litigation being no.---- . a Xerox copy of such Public
Interest Litigation application is annexed marked “ “.

During the pending of
such Public Interest Litigation it was revealed that an enormous sum of
more than Rs. 1.60 crores of the Hooghly Imambara was with the Reserve
Bank of India and other authorities.

14.That the matter was subjudice
and being heard by the Division Bench Hon’ble Justice
----------------------------- and Hon’ble Justice-------------------
when the matter was adjourned and through a legal maze the application
was moved out of list.

a.
Thereafter funds were withdrawn by the State Government without the
permission of the Hon’ble High Court and distributed to avail themselves
of self-aggrandizement by the then State Ministers.

That justice has been totally disregarded by show of muscle, money,
power and politics in effectively siphoning away assets of the Hooghly
Imambara.

15.That all the time none cared
for the Hooghly Imambara Endowment for highlighting the name and fame of
few individuals and politics the Hooghly Imambara Endowment funds assets
were given away at random. All its Gold, Jewelry, Silver, antique,
ornaments were taken away at random under the veil of secrecy, legality
and redtape formalities.

16.That Ekramul Bari Advocate and
also administrator of the Hooghly Imambara Endowment did not pursue the
Public Interest Litigation no-------filed by him and the fate of the
abovesaid RS.160 Crores became unknown.

17.That in 4-12-2013 the
Commissioner of the Kolkata Municipal Corporation put an advertisement
in the Daily Telegraph inviting interested persons to assist for survey
of Wakf properties under the jurisdiction of Kolkata Municipal
Corporation as per the Wakf Act 1995 amended in September 2013,
effective from November 2013.

Some Shia beneficiaries
of the Hooghly Imambara Wakf Estate and Shia Aoukaf Bachao Committee
approached the Commissioner of Kolkata Municipal Corporation an d wrote
letters to him highlighting the absence of the property list of
Hooghly Imambara Endowment submitted to Kolkata Municipal Corporation by
the Board of Wakf West Bengal.

a.
That a Xerox copy of several documents pertaining to the Hooghly
Imambara Endowment submitted by the Shia Aoukaf Bachao Committee to the
Kolkata Municipal Corporation with a request to the Board of Wakf West
Bengal to furnish the full list of properties of the Hooghly Imambara
Endowment to the Kolkata Municipal Corporation but the Board of Wakf
West Bengal did not given the list for its own malafide intention.

The Board of Wakf West Bengal did not furnish the list of properties of
of the Hooghly Imambara Endowment under the Jurisdiction of Kolkata
Municipal Corporation Xerox copy of letters written by beneficiaries and
Shia Aoukaf Bachao Committee are annexed, marked with letter--------- .

18.That it is clear by the
behavior and approach of the Board of Wakf West Bengal and the Kolkata
Municipal Corporation officials that they are concealing documents,
papers and list of the properties of the Hooghly Imambara Wakf Estate
and shall not get these properties surveyed and enumerated by the
Kolkata Municipal Corporation as mandatory under the Wakf Act 1995
amended and effective from November 2013, so as to conceal the siphoning
away of the properties. A Xerox copy of a letter dated
-----------no--------- issued by the Board of Wakf West Bengal which
shows the vast enormous properties under the Kolkata Municipal
Corporation is annexed marked “—“ a Xerox copy of an agreement signed by
Sardar Amjed Ali, is enclosed which.

19.That the Hooghly Imambara
Endowment is still the owner of the vast landed properties whoses
papers have been misappropriated and concealed for their own ill motive
by Wakf Board of West Bengal as also enormous
amount of gold, silver, ornaments, funds, reserves is but subsisting on
charity.

It is pertinent to mention that the Moshin
College, Imambarah Hospital, Chuisurah Court Police lieu’s of Chiusurah
in Hooghly and Chiusurah and so many huge other land marks are all on
land of the Hooghly Imambara Wakf Estate.

20.That it is a simple case of
removing effectively the dust settled on the Hooghly Imambara Wakf
Estate, by a proper effective legal approach before this Hon’ble High
Court at Calcutta, which will result all in all the properties, assets,
of the Hooghly Imambara Endowment reverting back to it as also the gold,
silver, ornaments, funds, being traced out.

21.That this Hon’ble Court may
direct the Board of Wakf West Bengal to produce before it a complete
list of properties of the Hooghly Imambara Endowment.

a.
That the Wakf Board of West Bengal is also having a list of the gold,
silver, ornaments, antiques, etc.

b.
Statuary bodies like Reserve Bank of India Treasury, State Government,
Central Government and all such authorities/bodies may be directed by
this Hon’ble Court to appear before this Hon’ble High Court at Calcutta
to give and undertaking and reveal the assets bring with them of the
Hooghly Imambara Endowment.

c.
That an advertisement be inserted in dailies Telegraph, Akhbar-E-Mashrik,
Anand Bazar.

22.That there are various avenues
of tracking out the assets of the Hooghly Imamabar Endowment which is a
parens parentis duty of this Hon’ble High Court at Calcutta.

23.That the Hon’ble High Court may
direct the petitioners to serve a Xerox copy of this application on the
following.

24.That the Hon’ble High Court may
direct the petitioners to make publication in the Daily Telegraph as per
the instruction of the Hon’ble High Court at Calcutta

1. The
Hooghly Imambara is situated at Hooghly (Bandel). Which is at a distance of
about 40 KM from Calcutta. The Annals and historical developments of the said
Imambara are found in a book which is popularly known as the "Blue Book" a copy
of which I possess and which is also available in the National Library at
Calcutta.

2. The said
Imambara was made Wakf by Haji Mohd. Mohsin who also left as Wakf properties a
college, hospital and huge landed properties all of which are scattered in prime
locations in Calcutta and essentially in the Khidderpur area. An entire touzi
has been earmarked for the Hooghly Imambara properties. On a previous occasion I
had sent you a list of properties located at Hooghly and found at page 495 of
the aforesaid blue book. hooghlyhistory.htm#PROPERTIES

3. Due to
rampant misuse of the Wakf properties of the said Imambara essentially by the
management who have always sought their personal gain over the interest of the
Imambara, the said Imambara is know in a state of deprivation. So much so that
the main prayer hall where the Majlis are held can collapse as the roof has been
leaking years together and is being held only by a miracle of the Almighty. The
glaring fact is that the main prayer hall contains about 50 antique chandeliers
each of which is a marvel in its own right.

4. There has
been a systematic erosion of the glory of Hooghly Imambara. For decades together
unscrupulous persons have acted as termites. Presently there is a immediate need
to take action so that properties which can be saved on which there is illegal
possession.

For the
present ,the focus is on FANCY MARKET which is a property belonging to the
imambara at a prime location in calcutta. This market is on 21 cattahs of land
( 1 cattah = 720 sq. ft.) hence total area is about 15,000 sq. ft properties is situated at
Khidderpur and which is popularly known as the Five Star Market. This was given
on lease in 1985 for 30 years. It is a four storey complex and has about 150
shops. ( valued at >Rs 200 crores)

The land
was leased for a period of 30 years ( 1984-2014). As a legal person i can say
that the initial lease was itself bad in law. However since the 30 year period
has now elapsed the effort should be to ensure that the managing trustees do
not connive with the wakf board so as to extend the lease. The amended wakf act
of 1995 has stringent provisions which protect the interests of the wakf estate
. Hence a round of litigation is imminent if the property is to be saved. The
timing is NOW since lease has already expired in 2014.

If immediate
steps are not taken the management will act in collusion with the lessee and
extend the lease. It is relevant to note that the Wakf act 1995 clearly bars
such a renewal or extension without sanction. However if there is an act of
collusion an money changes hands, the Wakf Board officials will also act in a
clandestine manner and extend the lease. It is imperative that we make a
concerted effect and approach the Hon'ble High Court to ensure that the lease
not extended and the property reverts back to the Imambara. The aforesaid 150
shops would either have to pay enhanced rent to the Imambara all vacate. They
would have no better right then the original lessee and would become
trespassers.

6. A
solicitor firm would be required to handle the legal issue which I have studied
threadbare and can well indicate that there is a great chance of success.
I say so with a little confidence since I am myself practicing as a lawyer in
the Hon'ble Supreme Court of India. Once the properties revert back we have to
ensure that it is properly protected and the proceeds go back to the Imambara.
We also have to ensure that the management of the Imambara contains people of
the highest respect and have to maintain a constant check on them. Alternatively
we have to try to put in a few of our people in the management so that the issue
of responsibility can be resolved.

7. I suppose
an initial expenses of about Rs.1.50 lacs would be required and there after
there would be miscellaneous legal expenses depending upon the counsels we
choose to appoint. thereafter
it would be on per hearing basis( effective & non effective). I can assure you
that i can use my contacts in calcutta to keep legal costs at a minimal. One
cannot ask for immediate success in litigation but the start has to be made.

There are
several other properties where the management is conspiring with the wakf
board & acting prejudicial to the interests of the imambara . I firmly believe
that by taking such small steps, ALLAH S.W.T would Himself chart out a proper
course in our this joint endeavor. We will make proposals & put them at
hooghlyproposal.htm